16 U.S.C. § 410iiii — Definitions

Page 467 TITLE 16—CONSERVATION § 410iiii tion 410hhhh(b)(2)(E) of this title) including appropriate use by the town of Plains. Following a determination of the appropriate uses of the Plains High School for the town of Plains, the Secretary may enter into a coopera- tive agreement with the town concerning its use of the high school. (Pub. L. 100–206, § 5, Dec. 23, 1987, 101 Stat. 1436; Pub. L. 116–341, § 2(b)(4), (5), Jan. 13, 2021, 134 Stat. 5132.) Editorial Notes CODIFICATION In par. (1), ‘‘section 100502 of title 54’’ substituted for ‘‘section 12(b) of the Act entitled ‘‘An Act to improve the administration of the national park system by the Secretary, and to clarify the authorities applicable to the system, and for other purposes’’, approved August 18, 1970 (16 U.S.C. la–1 et seq.)’’ on authority of Pub. L. 113–287, § 6(e), Dec. 19, 2014, 128 Stat. 3272, which Act en- acted Title 54, National Park Service and Related Pro- grams. AMENDMENTS 2021—Pub. L. 116–341, § 2(b)(4), (5), made identical amendments, substituting ‘‘historical park’’ for ‘‘his- toric site’’ in introductory provisions. See Codification note set out under section 410hhhh of this title. § 410hhhh–5. Definitions For the purposes of this subchapter— (1) the term ‘‘preservation district’’ means the Jimmy Carter National Preservation Dis- trict established under section 410hhhh–1 of this title; (2) the term ‘‘historical park’’ means the Jimmy Carter National Historical Park estab- lished under section 410hhhh of this title; and (3) the term ‘‘Secretary’’ means the Sec- retary of the Interior. (Pub. L. 100–206, § 6, Dec. 23, 1987, 101 Stat. 1437; Pub. L. 116–341, § 2(b)(3)–(5), Jan. 13, 2021, 134 Stat. 5132.) Editorial Notes AMENDMENTS 2021—Par. (2). Pub. L. 116–341, § 2(b)(4), (5), made iden- tical amendments, substituting ‘‘historical park’’ for ‘‘historic site’’. See Codification note set out under sec- tion 410hhhh of this title. Pub. L. 116–341, § 2(b)(3), substituted ‘‘National Histor- ical Park’’ for ‘‘National Historic Site’’. See Codifica- tion note set out under section 410hhhh of this title. § 410hhhh–6. Authorization of appropriations (a) In general There is authorized to be appropriated such sums as may be necessary to carry out this sub- chapter, except that not more than $3,500,000 is authorized to be appropriated for acquisition of real and personal property (including preserva- tion easements) and development of the preser- vation district and the historical park. (b) Cost sharing Not more than 60 percent of the aggregate cost of restoring the Plains High School (referred to in section 410hhhh (b)(2)(E) of this title) may be provided from appropriated Federal funds. The remaining 40 percent, non-Federal share of such cost may be in the form of cash, goods, or serv- ices, fairly valued. (Pub. L. 100–206, § 7, Dec. 23, 1987, 101 Stat. 1437; Pub. L. 116–341, § 2(b)(4), (5), Jan. 13, 2021, 134 Stat. 5132.) Editorial Notes AMENDMENTS 2021—Subsec. (a). Pub. L. 116–341, § 2(b)(4), (5), made identical amendments, substituting ‘‘historical park’’ for ‘‘historic site’’. See Codification note set out under section 410hhhh of this title. SUBCHAPTER LIX–GGG—BROWN V. BOARD OF EDUCATION NATIONAL HISTORICAL PARK Editorial Notes CODIFICATION Pub. L. 102–525, title I, which enacted this subchapter, originally established the Brown v. Board of Education National Historic Site, which is listed in a table of Na- tional Historic Sites under section 320101 of Title 54, National Park Service and Related Programs. The amendments made by Pub. L. 117–123 effectively redes- ignated the site as the Brown v. Board of Education Na- tional Historical Park, after which the text of Pub. L. 102–525, title I, was set out as this subchapter. Pub. L. 117–123, § 2(c)(1), May 12, 2022, 136 Stat. 1196, substituted ‘‘HISTORICAL PARK’’ for ‘‘HISTORIC SITE’’ in heading. § 410iiii. Definitions In this subchapter: (1) Affiliated area The term ‘‘affiliated area’’ means a site as- sociated with a court case included in Brown v. Board of Education of Topeka described in paragraph (8), (9), or (10) of section 410iiii–1(a) of this title that is designated as an affiliated area of the National Park System by section 410iiii–5(a) of this title. (2) Historical park The term ‘‘historical park’’ means the Brown v. Board of Education National Histor- ical Park as established in section 410iiii–2 of this title. (3) Secretary The term ‘‘Secretary’’ means the Secretary of the Interior. (Pub. L. 102–525, title I, § 101, Oct. 26, 1992, 106 Stat. 3438; Pub. L. 117–123, §§ 2(c)(2), (4), 3(b), May 12, 2022, 136 Stat. 1196.) Editorial Notes AMENDMENTS 2022—Pub. L. 117–123, § 3(b)(1), substituted ‘‘In this subchapter:’’ for ‘‘As used in this subchapter—’’ in in- troductory provisions. Par. (1). Pub. L. 117–123, § 3(b)(5), added par. (1). Former par. (1) redesignated (3). Pub. L. 117–123, § 3(b)(2)–(4), inserted heading, sub- stituted ‘‘The term’’ for ‘‘the term’’, and subsequently redesignated par. (1) as (3). Par. (2). Pub. L. 117–123, § 3(b)(3), inserted heading. Pub. L. 117–123, § 2(c)(2), (4), substituted ‘‘historical park’’ for ‘‘historic site’’ and ‘‘National Historical Park’’ for ‘‘National Historic Site’’. Page 468 TITLE 16—CONSERVATION § 410iiii–1 Par. (3). Pub. L. 117–123, § 3(b)(4), redesignated par. (1) as (3). Statutory Notes and Related Subsidiaries SHORT TITLE OF 2022 AMENDMENT Pub. L. 117–123, § 1, May 12, 2022, 136 Stat. 1196, pro- vided that: ‘‘This Act [enacting section 410iiii–5 of this title, amending this section and sections 410iiii–1 to 410iiii–4 and 410iiii–6 of this title, and enacting provi- sions set out as notes under this section] may be cited as the ‘Brown v. Board of Education National Histor- ical Park Expansion and Redesignation Act’.’’ REDESIGNATION OF THE BROWN V. BOARD OF EDUCATION NATIONAL HISTORICAL PARK; REFERENCES Pub. L. 117–123, § 2(a), (b), May 12, 2022, 136 Stat. 1196, provided that: ‘‘(a) IN GENERAL.—The Brown v. Board of Education National Historic Site established by section 103(a) of Public Law 102–525 (106 Stat. 3439) [16 U.S.C. 410iiii–2(a)] shall be known and designated as the ‘Brown v. Board of Education National Historical Park’. ‘‘(b) REFERENCES.—Any reference in any law, regula- tion, document, record, map, or other paper of the United States to the Brown v. Board of Education Na- tional Historic Site shall be considered to be a ref- erence to the ‘Brown v. Board of Education National Historical Park’.’’ PURPOSE FOR EXPANSION OF THE BROWN V. BOARD OF EDUCATION NATIONAL HISTORICAL PARK AND ESTAB- LISHMENT OF AFFILIATED AREAS Pub. L. 117–123, § 3(a), May 12, 2022, 136 Stat. 1196, pro- vided that: ‘‘The purpose of this section [enacting sec- tion 410iiii–5 of this title and amending this section and sections 410iiii–1 to 410iiii–4 and 410iiii–6 of this title] is to honor the civil rights stories of struggle, persever- ance, and activism in the pursuit of education equity.’’ § 410iiii–1. Findings and purposes (a) Findings The Congress finds as follows: (1) The Supreme Court, in 1954, ruled that the earlier 1896 Supreme Court decision in Plessy v. Ferguson that permitted segregation of races in elementary schools violated the fourteenth amendment to the United States Constitution, which guarantees all citizens equal protection under the law. (2) In the 1954 proceedings, Oliver Brown and twelve other plaintiffs successfully challenged an 1879 Kansas law that had been patterned after the law in question in Plessy v. Ferguson after the Topeka, Kansas, Board of Education refused to enroll Mr. Brown’s daughter, Linda. (3) The Brown case was joined by 4 other cases relating to school segregation pending before the Supreme Court (Briggs v. Elliott, filed in South Carolina, Davis v. County School Board of Prince Edward County, filed in Virginia, Gebhart v. Belton, filed in Dela- ware, and Bolling v. Sharpe, filed in the Dis- trict of Columbia) that were consolidated into the case of Brown v. Board of Education of To- peka. (4) A 1999 historic resources study examined the 5 cases included in Brown v. Board of Edu- cation of Topeka and found that each case— (A) is nationally significant; and (B) contributes unique stories to the case for educational equity. (5) Sumner Elementary, the all-white school that refused to enroll Linda Brown, and Mon- roe Elementary, the segregated school she was forced to attend, have subsequently been des- ignated National Historic Landmarks in rec- ognition of their national significance. (6) Sumner Elementary, an active school, is administered by the Topeka Board of Edu- cation; Monroe Elementary, closed in 1975 due to declining enrollment, is privately owned and stands vacant. (7) With respect to the case of Briggs v. El- liott— (A) Summerton High School in Summerton, South Carolina, the all-White school that refused to admit the plaintiffs in the case— (i) has been listed on the National Reg- ister of Historic Places in recognition of the national significance of the school; and (ii) is used as administrative offices for Clarendon School District 1; and (B) the former Scott’s Branch High School, an ‘‘equalization school’’ in Summerton, South Carolina constructed for African- American students in 1951 to provide facili- ties comparable to those of White students, is now the Community Resource Center owned by Clarendon School District 1. (8) Robert Russa Moton High School, the all- Black school in Farmville, Virginia, which was the location of a student-led strike lead- ing to Davis v. County School Board of Prince Edward County— (A) has been designated as a National His- toric Landmark in recognition of the na- tional significance of the school; and (B) is now the Robert Russa Moton Mu- seum, which is administered by the Moton Museum, Inc., and affiliated with Longwood University. (9) With respect to the case of Belton v. Gebhart— (A) Howard High School in Wilmington, Delaware, an all-Black school to which the plaintiffs in the case were forced to travel— (i) has been designated as a National His- toric Landmark in recognition of the na- tional significance of the school; and (ii) is now the Howard High School of Technology, an active school administered by the New Castle County Vocational- Technical School District; (B) the all-White Claymont High School, which denied admission to the plaintiffs, is now the Claymont Community Center ad- ministered by the Brandywine Community Resource Council, Inc.; and (C) the Hockessin School #107C (Hockessin Colored School)— (i) is the all-Black school in Hockessin, Delaware, that 1 of the plaintiffs in the case was required to attend with no public transportation provided; and (ii) is now used as a community facility by Friends of Hockessin Colored School #107, Inc. (10) John Philip Sousa Junior High School in the District of Columbia, the all-White school that refused to admit plaintiffs in Bolling v. Sharpe—